Debenhams application form - claim form received

[Nomore Baloney]

Although RobWay have failed to provide me with a enforceable credit agreement (just an application form) ,

and despite several letters to them telling them the account is in dispute

they sent me an email the other day asking me to contact them.

 

Well, I'm not too bothered about the contents of the email, but how on earth did they get my email address?

 

I can forsee worrying consequences if DCA's start emailing all on sundry, especially if they are work email addresses.

 

So, just how did they get my email address? Been dealing with them for years, and never emailed before.

[42man]

If they know where you work, and your company has a web site, there is a good chance they can find out the email address, they could also find you through social networking sites too possibly....

[Undercover-Elsa]

Hi,

Try Googling your own name, see what comes up, and if possible remedy any contact details or personal info it comes up with.

Elsa x

[Nomore Baloney]

Tried Googling myself.

 

Bit painful at first, but found nothing!

[cerberusalert]

Do you use a pseudonym for your email name or your proper name such as c.smith@whateverdotcom? or colinsmith@whateverdotcom? If the latter they're probably mass mailing. Just install the free version of mailwasher and bounce their mail back to them.

[Nomore Baloney]

I use an abbreviated version of my name, not easy to guess, so they must have got it from somewher. Anyway, I'll just ignore it, so no big deal... For all they know it might be defunct.

 

Nomore

[Nomore Baloney]

I have had an ongoing battle with Robiing Way for about a year where they have been trying to convince me that an application form for a credit card constitutes an enforceable agreement.

 

I have stuck to my guns (with help from here) and today got a letter from them with a closing balance and informing me that the acount was now closed.

 

Have I won?

 

Pity its only for a few hundred quid, lol

[minmac]

You have won with Robinson yes.

However they will more than likely sell it to another DCA for collection. I personally would send a letter to whoever tries to collect it next stating you do not acknowledge the debt and as no cca exists you demand they take you to court immediately for the amount they allege is owed.

Well done for sticking to your guns.

[BankFodder]

Furthermore, if you find that the debt has been sold on then complain immediately about whoever the new DCA is and also about Robinson Way.

 

Senor complaints to the OFT and also to your local trading standards and complain under CPUT and also in respect of breaches of the guidelines on debt collection.

 

Let's hope it doesn't come to that

[Nomore Baloney]

Thanks folks, It's only a drop in the ocean anyway, so not too fussed either way, lol

[mr.ton]

Yes you have won, well done - shout about your victory over RW from the highest rooftop

[Nomore Baloney]

I'm having 'dialogue' with a DCA re a Debenhams store card taken out in the late 90's.

 

I have page 1 of an application form which has no prescribed t&c's,

whilst p2 which has miraculously appeared recently is apparently the terms and conditions which were on the back of the app.

It looks a bit wrongly spaced to me, as though something has been added at a later date.

 

Now as far as I remember (just 13 years ago!) the application was in brochure form and did not have t&c's on it.

 

the T&C's they have provided mention nothing of the interest rates charged or their procedures upon a default.

 

I would post it up for people to take a look, but my scanner is unable to make a clear enough copy.

 

Has anyone got an original example of the Debenhams application or can they confirm what it looked like.

[Stigman]

If you can take a picture with a digital camera, then using free software to edit your personal details out.

 

Can you also supply more information for the debt...

 

Last payment made?

If with a DCA or original creditor?

Date of CCA application made?

 

Is the debt listed on your credit reference files?

 

Stigman

[Nomore Baloney]

I'm sorry, but the original is so grainy it won't come out in a readable form.

 

Its with a DCA

 

CCA app made originally about 4.5 years ago. I told them it was not compliant then, but matters have appeared to have moved on nowadays....

 

I hadn't heard from them for a while, but they must have decided to have another go...

[PGH7447]

debenhams account cards in the 90's were issued by GE Capital, and the agreements tended to be not worth the paper they were printed on, also it would more than likely had PPI added as a matter of course, which you can claim back

[Nomore Baloney]

I didn't have PPI. Even back then I knew it was a rip! It was GE Capital. I really think the second page is a speculative add on. Thats why I could do with someone who has a genuine copy to compare with.

[debbbbsy]

hi,

 

the microfiche copy I have of my Debenhams application from 1992 is not brilliant, but it will give you an idea of the layout.

 

It was a fold out form, the main page refers to the CCA 1974 and is a fill in form with your details and the account number.

 

The other side,

which appears to be split in 3 sections,

the 1st section is split into 5 boxes,

the top ,refers to Details of the account the interst rate and APR.

 

The next box, customer declaration and consent,

 

the 3rd Data Protection,

 

then the box you signed, bottom box signed by the shop assistant.

 

Middle section, is about Default and what will happen.

This section also includes

"Alterations To Agreement"...... The OFT ruled in 2004 that this clause was illegal,

that they had no right to alter or amend an agreement without the customers consent.

The Final section, is the front page of the Account Card Application Form.

 

As it turned out, the poor quality of the application did not matter as this was a storecard converted to a credit card,

and the storecard application could not be used to defend the "upgraded" credit card.

 

Having problems with my scanner at home so will PM it to you from work tomorrow and send it across.

 

Debbie

[Nomore Baloney]

That sounds most helpful, just what I'm looking for, cheers. When was the card changed to a credit card by the way?

[debbbbsy]

http://www.oft.gov.uk/news-and-updates/press/2004/09-04

 

I can't remember exactly, I think 2003. But they got a severe slap from the OFT in 2004.

[blueboy1]

Hi NB,

I had an application form from Debenhams and wrote to DCA that it was not a CCA and they ran away as fast as they could.

Hope this helps

Blueboy

[Nomore Baloney]

Here's my application form. Thats the best I can get it I'm afraid, but it gives an indication of the layout. The first link is to the t&c's, which I'm sure were never on the original app.

 

 

http://i5.photobucket.com/albums/y182/andygo/Debenhams/debsp2.jpg

 

 

http://i5.photobucket.com/albums/y182/andygo/Debenhams/debsp1redacted.jpg

 

 

 

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[Stigman]

When was your last payment on this account?

 

Looks like you been sent a microfiche copy, did you send in the account in-dispute letter when you last made the CCA request?

If not, resend one.

 

Stigman

[Nomore Baloney]

Yes, I sent the account in dispute letter in 2009. Last payment was in 2008 I think off the top of my head.

[Stigman]

If it's a new DCA, remind them that until the previous DCA complies then the Account should be returned,

otherwise, remind them that the account is still in-dispute.

[debbbbsy]

Hi, the form layout was an A4, 3 page fold out, the front page reads

 

Account Card

Application Form

 

Yours is missing the front page.

 

The T&C's should be on the same sheet as your signature, mine is. These T&C's do not appear to be part of the application form. Write back and request to view the original application form which they will rely upon to enforce any further demands. Inform them that you do not accept this document as the original.

 

Debbie